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Restraining Orders: Proposed amendment to legislation

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 3 December 2015:

Decision Reference:  MD-HA-2015-0078

Decision Summary Title :

Restraining Orders- Ministerial Decision Summary

Date of Decision Summary:

30 November 2015

Decision Summary Author:

 

Policy Director

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Restraining Orders – Drafting Instructions

Date of Written Report:

30 November 2015

Written Report Author:

Policy Director

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt – 35 Formulation and development of policies.

Subject: Drafting instructions to prepare amendments to legislation applying to restraining orders.

 

Decision(s): The Minister for Home Affairs instructed Officers to prepare drafting instructions for the amendment of the legislation applying to restraining orders.

 

Reason(s) for Decision: The purpose of these amendments is to ensure that legislation in Jersey continues to deter the commission of disorderly conduct and harassment and provides appropriate and lasting protection for the public.

 

Resource Implications: None

 

Action required:  Officers are to prepare drafting instructions for the amendment of legislation applying to restraining orders.

 

Signature:

 

 

Position:

Minister for Home Affairs

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

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